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Review Your SQE 1 Practice Records

Examination Timing: 00H00M22S

Alex Roberts agrees to sell his vintage car to Emma Brown for £10,000. Emma agrees to pay a £1,000 deposit and the remaining balance upon delivery. However, when the delivery date arrives, Emma refuses to pay the remaining £9,000, claiming that the car is not as described. Alex wants to enforce the contract. 

Which one of the following statements is correct?

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You have chosen the incorrect answer.
Your selected option: D

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Alex can sue Emma for breach of contract and claim damages. When a contract is breached, the injured party has the right to seek remedies, including damages for any losses suffered. Option B is incorrect because Emma's right to a refund would depend on whether the misdescription constitutes a fundamental breach. Option C is incorrect because while Alex may keep the deposit as partial damages, he cannot claim both the deposit and the remaining balance without considering the breach. Option D is misleading as it oversimplifies the issue; the contract’s terms and any potential misrepresentation or misdescription would need to be considered. Option E is incorrect as Alex is not required to provide a replacement but may need to address any breach of terms regarding the car's description. 

Key Point: This question examines the remedies available for breach of contract, focusing on the enforcement of contractual obligations and the potential claims for damages.

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